It is worth noting that situations similar to those described in this medical malpractice case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, U.C. Davis Medical Center, Mercy, Sutter, or any skilled nursing facility.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this wrongful death case and its proceedings.)
PLAINTIFF ALLEGES SUFFICIENT FACTS OF XYZ’S NURSING STAFF AND STAFF RECKLESS NEGLECT
XYZ’s argument that plaintiff has not alleged facts regarding employees of XYZ fails to acknowledge the allegations throughout the complaint regarding XYZ’s nursing staff and staff. The complaint sufficiently states facts regarding XYZ’s nursing staffs recklessness in feeding Mr. Lee, in violation of standing orders, solid food, and again feeding him solid food after being confronted by more than one person. The failure to plead the specific names of the employees is not required; defendant has not cited any legal authority to support this argument. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
PLAINTIFF ALLEGES SUFFICIENT FACTS TO SUPPORT THE INFERENCE OF RATIFICATION OF THE PATTERN OF RECKLESS NEGLECT BY XYZ’S MANAGING AGENTS, OFFICERS, AND DIRECTORS.
Plaintiff has sufficiently alleged facts of a pattern over 39 days that support inferences of ratification by XYZ’s officers, directors and/or managing agents.
Mr. Lee was a patient at XYZ from September 14, 2006, through October 23, 2006. After having undergone surgery to remove a tumor in his esophagus, he was admitted into XYZ for low blood pressure, with strict dietary instructions of no solid foods.
While a patient at XYZ, however, he was continuously given solid food, contrary to the strict dietary instructions and after being told by family and others, which resulted in Mr. Lee aspirating into his lungs and suffering from prolonged respiratory failure with significant permanent injury in his overall functioning. Mr. Lee was placed on a ventilator and underwent a tracheotomy.
These facts alone would be sufficient to state a claim for reckless neglect, but XYZ’s failure to reposition Mr. Lee, causing him to develop Stage II and III sacral decubitus ulcers. These were not isolated events, but a pattern over 39 days, sufficient to establish ratification. Plaintiff has alleged sufficient facts of ratification in addition to the inference of ratification of the pattern of ongoing reckless neglect over the 39 days. (See Part 6 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.